Chapter 11

Bennett and Francis Higbee's
Polygamous Activities Discovered in 1841

Doctor John C. Bennett arrived at Nauvoo in September of 1840
and did much to help the Saints in their time of desperate need.
It was through his efforts that a city charter was obtained and
the Nauvoo Legion and the Nauvoo Municipal Court were organized
and functioned so quickly and so well. He took such an active
part in Church affairs that he soon became a temporary member
of the First Presidency in the place of Sidney Rigdon who was
ill. He was also the prime organizer of a Masonic Lodge in Nauvoo
(Andrew F. Smith, The Saintly Scoundrel,
75–77). The Nauvoo lodge soon mushroomed into the largest
one in the state, which caused members of other lodges to be jealous—bringing
more persecution upon the Saints.

With all of his successes and
talents, it seemed to many that the doctor would become one of
the most valuable members of the Church's leadership—but
alas, there was a dark side to his personality—his polygamous
nature and philosophy—which he kept carefully hidden until
it unexpectedly came to light in the summer of 1841, less than
a year after he arrived at Nauvoo.

News of Bennett's Baptism Brought a Warning

The Times and Seasons for January
15, 1841 (3:275), announced Bennett's baptism into the Church—the
news spread quickly. Bennett was widely known, for he had lived
in several states and not less than twenty towns. He had been
a prominent person in and about colleges and universities (Times
and Seasons 3 [July 1, 1842]: 842; RLDS History
of the Church 2:591). Some individuals, especially those
in Ohio, had a special interest in him because he had married
Mary Barker, the daughter of Colonel Joseph Barker of Marietta,
Ohio—one of the foremost citizens of the area (see Smith,
Saintly Scoundrel, 1, 5).

Some newspapers responded to the news of Bennett's baptism by
questioning his motives for being baptized. However, Bennett's
apparent religious sincerity, visible accomplishments, and tremendous
popularity made it necessary for Joseph to proceed with caution
in discovering the truth about him before attempting to remove
him from the Church, if that should be necessary.

Shortly after Bennett's baptism, Joseph received a letter from
an individual warning that Bennett had a living wife, and was
"a very mean man." Joseph reported:

Soon after it was known that he had become a member of said
church, a communication was received at Nauvoo, from a person
of respectable character, and residing in the vicinity where
Bennett had lived. This letter cautioned us against him, setting
forth that he was a very mean man, and had a wife, and two or
three children in McConnelsville, Morgan county, Ohio; but knowing
that it is no uncommon thing for good men to be evil spoken
against, the above letter was kept quiet, but held in reserve.
(Times and Seasons 3 [July 1, 1842]:
839)

As soon as Bennett began dating "a young lady, one of our
citizens" (undoubtedly Eliza Snow), Joseph and Emma became
alarmed. In order to protect the young woman and the Church, and
to be sure of the facts, Joseph sent Bishop George Miller to Ohio
to discover the truth about Bennett's marital status. On March
2, 1841, Bishop Miller wrote a letter to Joseph, which must have
almost devastated the Prophet. The letter revealed:

By your request I have made inquiries into the history of John
Cook Bennett.... It was soon manifest that he was a superficial
character, always uneasy, and moved from place to place ...
it is not presumed that less than twenty towns has been his
place of residence at different times; he has the vanity to believe
he is the smartest man in the nation; and if he cannot at once
be placed at the head of the heap, he soon seeks a situation;
he is always ready to fall in with whatever is popular; by the
use of his recommendations he has been able to push himself
into places and situations entirely beyond his abilities; he
has been a prominent personage in and about colleges and universities,
but had soon vanished; and the next thing his friends hear of
him he is off in some other direction; at one time he was a
promine[n]t Campbellite preacher.

During many years his poor, but confiding wife, followed him
from place to place, with no suspicion of his unfaithfulness
to her; at length however, he became so bold in his departures,
that it was evident to all around that he was a sore offender,
and his wife left him under satisfactory evidence of his adulterous
connections.... Mrs. Bennett now lives with her father; has
two children living, and has buried one or two.... [I]t has
been Dr. Bennett's wish that his wife should get a bill of divorcement,
but as yet she has not; nor does my informant know that she
contemplates doing so; in fine, he is an imposter, and unworthy
of the confidence of all good men.... [W]e withhold the names
of our informants, and other correspondents; but hold ourselves
in readiness, at all times, to substantiate by abundant testimony,
all that has been asserted, if required, as the documents are
all on hand. George Miller.(ibid., 842; RLDS History
of the Church 2:591–592)

Armed with Bishop Miller's letter and the "abundant testimony"
which the bishop had brought to him, Joseph confronted Bennett
with the facts. Joseph reported:

He had not been long in Nauvoo before he began to keep company
with a young lady, one of our citizens; and she being ignorant
of his having a wife living, gave way to his addresses, and
became confident, from his behavior towards her, that he intended
to marry her; and this he gave her to understand he would do.
I, seeing the folly of such an acquaintance, persuaded him to
desist; and, on account of his continuing his course, finally
threatened to expose him if he did not desist. This, to outward
appearance, had the desired effect, and the acquaintance between
them was broken off. (Times and Seasons
3 [July 1, 1842]: 839)

Joseph Continued the Investigation

From all outward appearances, Bennett seemed to have severed
his relationship with the young woman, but Joseph was determined
to investigate the doctor's background even further. Meanwhile,
the industrious doctor as mayor of Nauvoo was diligently at work
organizing and planning—making various improvements in the
city, such as draining the unhealthy swamps, stressing more healthful
eating, promoting schools, the university, the strong municipal
government, and the state-approved Nauvoo Legion. At the same
time he was writing articles for the Church paper, the Times
and Seasons, and debating publicly (which was popular at
the time). The fluent doctor was amiable, entertaining, friendly,
and a popular figure among the Saints. Many must have sought his
presence as a guest at dinner parties and other social gatherings
in their homes. Did they vie for his presence, and the presence
of the young lady he had courted until Joseph stopped their courtship?
Joseph and Emma were heavily burdened with the knowledge that
Bennett was a wolf in sheep's clothing among the Saints, while
the weeks of investigation of his character continued.

Next, Joseph sent William Law, his second counselor in the First
Presidency, and Hyrum Smith, the presiding patriarch, to gather
additional information. The Prophet reported:

Sometime about the early part of July 1841, I received a letter
from Elder H. Smith and Wm. Law, who were then at Pittsburgh,
Penn. This letter was dated June 15th, and contained the particulars
of a conversation betwixt them and a respectable gentleman from
the neighborhood where Bennett's wife and children resided.
He stated to them that it was a fact that Bennett had a wife
and children living, and that she had left him because of his
ill-treatment towards her. This letter was read to Bennett,
which he did not attempt to deny; but candidly acknowledged
the fact.

Soon after this information reached our ears, Dr. Bennett
made an attempt at suicide, by taking poison; but he being discovered
before it had taken effect, and the proper antidotes being administered,
he again recovered; but he very much resisted when an attempt
was made to save him. The public impression was, that he was so
much ashamed of his base and wicked conduct, that he had recourse
to the above deed to escape the censures of an indignant community.(ibid.,
840; The Wasp 1 [June 25, 1842];
RLDS History of the Church 2:586–587)

Francis Higbee Became Bennett's Protégé
in Sin

About July 1, 1841, the Prophet received a request to administer
to Francis M. Higbee, a young man in his early twenties whom Joseph
greatly respected. Higbee was the son of Judge Elias Higbee, a
long-time personal friend of the Prophet and a member of the Church's
High Council at Nauvoo. Francis was one of the most promising
young men in the Church. He had shown strength at Far West and
during the exodus of the Church from Missouri, and had aided Joseph's
younger brother, Don Carlos, in preparing the paper for the printing
of the first issue of the Times and Seasons
at Nauvoo. At the time he became ill, he was courting Miss
Nancy Rigdon, daughter of President Sidney Rigdon.

Francis called upon Dr. Bennett to act as his physician, but
Bennett's medicine failed to cure him—so in desperation
Francis sent for the Prophet to administer to him. Joseph was
horrified at what he found. Joseph later testified under oath
in civil court that when he went to administer, he discovered
that Francis was suffering from a venereal disease. Joseph stated:

I must tell the story in its true light, under oath; then I
can be forever set free.... The peace of myself, my family,
my happiness, and the happiness of this city depend upon it....
I want to testify ... of what occurred a long time before John
C. Bennet left this city. I was called on to visit Francis M.
Higbee; I went and found him on a bed on the floor. (Times
and Seasons 5 [May 15, 1844]: 538)

Joseph continued to testify about the immorality of Higbee,
Bennett, and their associates. Joseph's testimony was so graphic
that Apostle John Taylor, the editor of the Times
and Seasons, felt it unwise to print it. The editor explained:

[Here follows testimony which is too indelicate for the public
eye or ear; and we would here remark, that so revolting, corrupt,
and disgusting has been the conduct of most of this clique,
that we feel to dread having any thing to do with the publication
of their trials; we will not however offend the public eye or
ear with a repetition of the foulness of their crimes any more.](ibid.,
538–539)

I recollect a French woman coming up from Warsaw, and that
Francis M. Higbee had medical assistance * * * * * * Dr. Bennet
attended him, Joseph Smith administered unto him but it was
irksome; Higbee assented that it was so, he did not contradict
it, he promised to reform—he would do better, he would
do so no more. (ibid., 540)

Joel S. Miles testified:

I have seen Francis M. Higbee go into rooms with females, but
what their intentions were I did not know, I might have seen
him two or three times; I think he has done that which is not
right, I should judge from conversations with him, that was
the case: I presume he has a good many times; I might recollect
twenty times, he has frequently told me things of that kind,
it is a private case to be sure ... I recollect the time that
he was sick, when Dr. Bennet attended him, I went to see him
nearly every day." (ibid.)

Upon further investigation, Joseph discovered that Francis had
seduced "six or seven" women. But worst of all, the
Prophet found that Francis was only one of a group of young men
and women whom Dr. Bennett had gathered around himself and taught
them that "spiritual wifery" was a doctrine
believed in by Latter Day Saints and that Joseph Smith had received
a revelation commanding the practice of it! The prophet
declared that Bennett taught that "we believed in and practiced
polygamy" (ibid. 3 [August 1, 1842]: 869).

Joseph continued:

Bennet said Higbee pointed out the spot where he had seduced
a girl, and that he had seduced another. I did not believe it,
I felt hurt, and labored with Higbee about it; he swore with
uplifted hands, that he had lied about the matter. I went and
told the girl's parents [Elder and Mrs. Rigdon], when Higbee
and Bennet made affidavits and both perjured themselves, they
swore false about me so as to blind the family [by saying that
Francis was innocent and Joseph was lying]. I brought Francis
M. Higbee before Brigham Young, Hyrum Smith and others; Bennet
was present, when they both acknowledged that they had done
these things, and asked us to forgive them. I got vexed, my
feelings had been hurt; Higbee has been guilty of adulterous
communication, perjury, &c.; which I am able to prove by
men who heard them confess it.(ibid. 5 [May 15, 1844]: 539)

Bennett, in his eagerness to distance himself from Higbee's
illness, told Joseph in detail about Higbee's seduction of several
young ladies, including Nancy Rigdon. The involvement of the two
young people from the Rigdon and Higbee families was a severe
blow to the Prophet. To have a devoted young man like Francis,
who had a wonderful future in the Church and prospects of marrying
a daughter of a member of the Presidency, toss it away in the
manner Bennett described, seemed out of character to Joseph.

The Prophet reported Higbee's case at once to the proper Church
authorities and called for a Church court to handle the matter—and
ordered an undercover investigation of Bennett, for he suspected
far more was involved than what Bennett had told him about Francis.
He suspected Bennett was behind the terrible turn of events. Joseph
also reported the seduction of Nancy Rigdon to her parents.

Joseph explained that Bennett

professed to be virtuous and chaste, yet did he pierce the
heart of the innocent, introduce misery and infamy into families,
reveled in voluptuousness and crime, and
led the youth that he had influence over to tread in his unhallowed
steps.(ibid. 3 [August 1, 1842]: 868–869; italics
added)

Joseph also testified:

But, like one of the most abominable and depraved beings which could
possibly exist, he only broke off his publicly wicked actions,
to sink deeper into iniquity and hypocrisy. When he saw that
I would not submit to any such conduct, he went to some of the
females in the city, who knew nothing of him but as an honorable
man, & began to teach them that promiscuous
intercourse between the sexes, was a doctrine believed in by
the Latter-Day Saints, and that there was no harm in it; but
this failing, he had recourse to a more influential and desperately
wicked course; and that was, to persuade them that myself and
others of the authorities of the church not only sanctioned,
but practiced the same wicked acts; and when asked why
I publicly preached so much against it, said that it was because
of the prejudice of the public, and that it would cause trouble
in my own house. He was well aware of the consequence of such
wilful and base falsehoods, if they should come to my knowledge;
and consequently endeavored to persuade his dupes to keep it
a matter of secrecy, persuading them there would be no harm
if they should not make it known. This proceeding on his part,
answered the desired end; he accomplished his wicked purposes;
he seduced an innocent female by his lying, and subjected her
character to public disgrace, should it ever be known.(ibid.
[July 1, 1842]: 839–840; italics added)

Because Dr. Bennett was teaching that Joseph had received a
polygamous revelation, Joseph realized that the situation was
extremely serious and that he must do all within his power to
eradicate it. Therefore, Joseph fought polygamy by doing everything
he could to stop it, including (1) preaching much against it,
and (2) taking Bennett and Higbee into an elders' court. They
were both brought before the court which included President William
Law, Presiding Patriarch Hyrum Smith, and Apostle Brigham Young.

Brigham Young, president of the Twelve Apostles, testified:

With regard to Francis M. Higbee, at the time that is spoken
of, I stopped opposite Mr. Laws' store, we had been conversing
with Dr. Bennet[;] when I came into the room, Francis Higbee
rather recoiled and wished to withdraw; he went out and sat
upon a pile of wood. He said it is all true, I am sorry for
it, I wish it had never happened. I understood Bennet who related
some of the circumstances, he cried and begged of us to forgive
him, and said if he could be permitted to stay in the city as
a private individual he should be happy ... he said; it is true,
I am sorry for it I wish it had never been so; as we came up,
Dr. Bennet, Mr. Higbee, and Mr. [Joseph] Smith, had been talking
about it ... I knew of the whole affair, it was on the 4th of
July [1841], or a few days after—it was shortly after
I came from England.... I have heard Dr. Bennet say all these
things were facts; he acknowledged that Higbee had the ________
and that he had doctored him, he acknowledged that, and a great
deal more.

I will make one statement in our conversation with Dr. Bennet.
I told Dr. Bennet that one charge was seducing young women,
and leading young men into difficulty—he admitted it—if
he had let young men and women alone it would have been better
for him.(ibid. 5 [May 15, 1844]: 539)

Hyrum Smith testified concerning Higbee's case:

Francis M. Higbee acknowledged that it was the truth, that
he was sorry, and had been a thousand times; he acknowledged
his connection with the woman on the hill; I did think he was
with Dr. Bennet at the time, the statement of Bennet was, that
he was guilty, he was sorry and asked forgiveness, he said he
had seduced six or seven [women], he acknowledged it, and said
if he was forgiven, he would not be guilty any more. Francis
said he knew it was true, he was sorry and had been a hundred
times.... Francis did not say any thing about his sickness,
but Dr. Bennet made those observations to him [Joseph] that
he had doctored him in the time of his sickness.... [H]e [Francis]
said he should not have been seduced, if it had not been by
Dr. Bennet, when charged with them, Francis said they were true;
that they were alledged a hundred times; he said "I will
alter, I will save my character."(ibid., 539–540)

The Results of the 1841 Trial of Bennett and
Higbee

John Bennett and Francis Higbee were tried before the elders'
court and were found guilty. They confessed and both begged for
forgiveness. Joseph described Bennett's seeming repentance in
these words:

he would acknowledge his iniquity, ask and pray for forgiveness,
beg that he might not be exposed, on account of his mother,
and other reasons, saying, he should be ruined and undone. He
October 7, 2014 for forgiveness,
at the same time promising before God and angels to amend his
life, if he could be forgiven. (ibid. 3 [August 1, 1842]: 869)

The brethren who heard their cases forgave them, which meant
their confessed sins were not made public. Dr. Bennett was permitted
to keep all of his official positions, including the office of
mayor. Joseph and the other leaders carefully refrained from saying
anything derogatory about either man. From all outward appearances,
Bennett, Francis, and those involved with them ceased their promiscuity.
However, the polygamous spirit was not dead as Joseph soon realized.

Other Evidences that Joseph and the Church Fought
Polygamy in 1841

Bennett's House of Ill Fame

Since Dr. Bennett was a medical doctor who specialized in the
diseases of women, it was legitimate for him to go alone into
the homes of those who were ill. This gave him opportunity to
continue his promiscuity without Joseph being able to know whether
or not he was remaining chaste. But Joseph and Hyrum suspected
that Bennett had not repented, and asked certain men holding the
office of teacher in the priesthood to investigate Bennett's conduct.
Teacher John Taylor (not the apostle by that name) was one of
those who did the investigating. He testified under oath:

I held the position of teacher in the original church from
September, 1832, until Joseph Smith's death in 1844.... It was
our duty in case we found anybody with
more wives than one to report them to the President of the Teachers'
Quorum.... [O]ur instructions were if we found any
case of that kind to report it to the President of the Teachers'
Quorum, and the president [of the Teachers' Quorum] would
report them to Hyrum Smith.... [I]t was about that time that
John C. Bennett's secret wife system came to be heard of....
[We] were told to search it out and find what there was to it
if we could. That was the way it was, and so I got after him [Bennett],
and followed him, and saw him go into a house that did not have
a very good reputation. I followed him to the house there in
Nauvoo where this secret wife business was practiced,—saw
him go into it.

He was said to be a doctor and was going about treating people....
He would go into these houses, and the women there were suspicious
women,—did not bear good characters. I heard about his
doing this, and I went around to watch him and see if I could
not catch him going there. And one evening I traced him and
saw him go right into the house. During the time that I was
a teacher from 1832 up to 1844, there was
no rule orlaw of the original church
that permitted the practice or principle of polygamy.
(Abstract of Evidence, 190–191;
italics added)

It is important to remember that Hyrum Smith directed the teachers
to investigate and report any man who might be found to have "more
wives than one"; and also that Teacher Taylor testified that
there was no "rule or law" that permitted the practice
of polygamy up to 1844—while Joseph and Hyrum were alive.

Teacher John Taylor testified further:

John C. Bennett and a lot of them
built an ill-fame house near the Temple in Nauvoo.... After
they had built it, John C. Bennett and the Fosters,—I
knew all their names at the time, they were the head men of
it, after they got it built, they wrote on it in large letters
what it was,—a sign declaring what it was, and what it
was there for....

The City Council held a council over it, and they considered
it was a nuisance to the city.... [The police] took the building,
and put it on rollers; and there was a deep gully there, and
they pitched the house into it. (ibid.,192; italics added)

One may wonder if this was the house "on the hill"
where Francis Higbee visited the French woman who had come to
Nauvoo from Warsaw. Dr. Robert Foster, a resident of Nauvoo at
the time, declared that Bennett "plead the cause of the house
of ill fame in Nauvoo when he was Mayor and the City Council unanimously
declared it a public nuisance" (Wasp
1 [October 2, 1842]: 2). The Times and Seasons
for November 15, 1841, published a notice of the destruction of
the house with the statement, "The city authorities manifest
a determination to carry out strictly the temperence ordinances
of the city, and in this we wish them 'God speed' " (Times
and Seasons 3:599–600).

Sidney Roberts and the "Holy Kiss"

Another incident which demonstrated that the Church was fighting
polygamous activities in 1841, was the cutting "off from
the church" of Elder Sidney Roberts. He advocated a practice
which was similar to, or patterned after, the teachings of Jacob
Cochran, head of the polygamous Cochranite sect in Maine. Joseph's
brother, Don Carlos Smith, editor of the Times
and Seasons, reported that the New York City Branch expelled
Roberts for claiming to have had a revelation that he should salute
"the sisters with what he calls a holy kiss, taking them
on his lap, and putting his arms around them, &c." (ibid.
2 [February 1, 1841]: 307). Jacob Cochran had practiced the so-called
"holy kiss" in his church services. "Females in
the craze of their fanaticism would embrace him in public meeting
and unblushingly kiss him, and he found apology for it in 'the
holy kiss' of Scripture" (see "Cochran Fanaticism,"
8; Maine Historical Society).

Joseph Told the Conference He Had but One Wife

Joseph made it a point to tell the Saints gathered for the fall
Conference of 1841, that he had only one wife. Joseph's statement
was published by the Twelve, with Brigham Young's name appearing
first on the list of apostles who signed the document. When it
is realized that Joseph was at the time being charged with polygamy,
the Prophet's statement takes on new meaning. Brigham and the
other apostles reported:

When Br. Joseph stated to the general conference the amount
and situation of the property of the church, of which he is
trustee in trust by the united voice of the church, he also
stated the amount of his own possessions on earth; and what
do you think it was? we will tell you; his old Charley horse,
given him in Kirtland; two pet deer; two old turkeys, and four
young ones; the old cow given him by a brother in Missouri,
his old Major, dog; his wife [singular], children, and a little
household furniture, and this is the amount of the great possessions
of that man whom God has called to lead his people in these
last days; this the sum total.... (Times
and Seasons 2 [October 15, 1841]: 569)

Polygamy Was Not Practiced by the Church in 1841

In order to stress that the Church was not in favor of polygamy,
an article from the St. Louis, Missouri, Atlas
was republished in the Times and Seasons.
It read:

An intelligent friend, who called upon us this morning, has
just returned from a visit to Nauvoo and the Mormons.... He
believes—just as we do—that they have been grossly
misunderstood and shamefully libeled.... [I]t is a faith which
they say encourages no vice, nor immorality, nor departure from
established laws and usages; neither polygamy, nor promiscuous
intercourse, nor community of property. (ibid., 580)

Joseph Preached against Polygamy

The records show that throughout the year 1841 Joseph made a
valiant fight against the encroachment of polygamy into the Church.
Let it be remembered that Bennett even stated that Joseph preached
"much against it" (ibid. 3 [July 1, 1842]: 840).

Where are the records of the many sermons which the Prophet
preached against polygamy in 1841 and 1842? Were his sermons recorded
by Church clerks? Do they exist in the LDS Church Archives in
Salt Lake City, Utah? If the missing sermons do exist and are
published in the future, they will denounce polygamy and further
vindicate the Prophet. His missing sermons would give still more
evidence that the Prophet was, and still is, a victim of an insidious
conspiracy to attach his name to a doctrine which he abhorred
and vigorously opposed.

Joseph
Smith Fought Polygamy—Volume I, by Richard and
Pamela Price, can be purchased at the Restoration Bookstore or
from our online store. Articles on this subject continue
to be published in Vision
magazine, which also can be purchased at the Restoration Bookstore
or online. It is planned that this additional material will be
compiled in future volumes.

For a general understanding of both the origins
of polygamy among the Latter Day Saints and the several conspiracies
to falsely implicate Joseph in polygamy, read the article on our
Web site, "Joseph
Smith: Innocent of Polygamy," by Richard Price.

If
you have questions or comments about the content of this site, you
may call the Restoration Bookstore at 816.461.5659 or send an
e-mail
. If you have technical questions or comments about the operation
or design of this site, please contact our
webmaster
.